The “Why I Love Poker” Contest
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. PROMOTION DESCRIPTION: The “Why I Love Poker” Contest (the “Contest”) consists of a submission phase (the “Submission Period”) that begins on or about April 2, 2017 at 12:01 a.m. eastern time (“ET”) and ends on or about 11:59 p.m. ET on April 29, 2017, followed by a voting phase (the “Voting Period”) that begins on June 5, 2017 and ends on or about July 30, 2017 at 11:59 p.m. ET (“ET”) (collectively ,the “Promotion Period”). During the Submission Period, entrants will have the opportunity to submit a story (each, a “Submission”) explaining how poker changed their life and submit the story for consideration as more fully set forth below. At the end of the Promotion Period, one (1) Grand Prize winner will be selected as set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of WPT Enterprises, Inc., 1920 Main Street, Suite 1150, Irvine, CA 92614 (“Sponsor”), which shall be final and binding in all respects.
2. ELIGIBILITY: This Contest is open only to individuals who are twenty one (21) years of age and the age of majority in their jurisdiction of primary residence at the time of entry. Residents of countries currently subject to the United States embargo or on the United States list of state sponsors of terrorism are not eligible to enter the Contest or win the Grand Prize. For a current list of countries currently subject to the United States embargo or on the United States list of state sponsors of terrorism, go to http://pmddtc.state.gov/embargoed_countries/index.html. Officers, directors and employees of Sponsor and its parents, subsidiaries, affiliates, members, distributors, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Contest or win a prize.
3. HOW TO ENTER: To enter, visit the web site http://www.worldpokertour.com/stories (such URL and any site or microsite that such URL re-directs users to is referred to herein as, the “Submission Website”) during the Submission Period and complete the submission form found on the Submission Website with the information requested, and follow the instructions to draft and submit your story. The Submission cannot be more than 2,000 characters and must meet the following “Submission Requirements”: (i) the Submission must be the submitting entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material); (ii) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in Contest); and (iii) the Submission must not be obscene, libelous or otherwise objectionable. Any Submission that, in Sponsor’s discretion, violates the Submission Requirements may be disqualified.
4. WINNER SELECTION AND NOTIFICATION: At the end of the Submission Period, a panel of judges selected by Sponsor in its sole discretion (the “Judging Panel”) will select up to three (3) finalists (each, a “Finalist”) based on the following criteria: (i) originality; (ii) theme; and (iii) connection to the game of poker. Decisions of the Judging Panel are final and not subject to appeal. Each Finalist must be verify that he or she is willing to participate in the WPT Main Event in the event the Finalist is selected as the Grand Prize winner and may be required to execute a “Finalist Release” in order to participate in the Voting Period phase of the Contest. In the event a Finalist declines such invitation, refuses to sign the Finalist Release or is unable to participate in the WPT Main Event on the dates specified by Sponsor, the opportunity will be forfeited and the Judging Panel will select the next highest scoring Submission. Once a Finalist is confirmed, Sponsor will, with reasonable input from the Finalist, create a whiteboard video based on the selected Finalist’s Submission (each, a “Video”). Each Video will be uploaded to WPT.com and its affiliated social media website (such URL and any site or microsite that such URL re-directs users to is referred to herein as, the “Voting Website”, and collectively with the Submission Website, the “Website”). During the Voting Period, people who visit the Voting Website will have the opportunity vote on the Video they like the best by liking the Video or sharing the Video. Votes for each Video may be tracked by the Website. Any posted rankings or vote counts are unofficial and should not be relied upon for any purpose. Any entrant offering or using, or attempting to use a “cheat,” payment, or other incentive, or any other means to obtain votes may be disqualified and any votes earned by those means will be deemed void if Sponsor so elects in its sole discretion.
At the end of the Voting Period, the Judging Panel will select one (1) Grand Prize winner based on the Judging Criteria, the number of votes the Finalist’s Video receives, and social sharing metrics. The Grand Prize winner will be subject to verification and compliance with these Official Rules. The Grand Prize winner will be notified by telephone, e-mail, and/or mail using the contact information provided at the time of entry after the end of the Voting Period. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded an alternate winner.
5. GRAND PRIZE: One (1) Grand Prize is available. The Grand Prize consists of (i) the opportunity to participate in the WPT Main Event at the Borgata Poker Open (the “WPT Main Event”), currently scheduled to take place ; and (ii) $US 1,000 for use toward travel to attend the WPT Main Event (the “Travel Stipend”).
In the event that the WPT Main Event listed in the prize description do not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of “Force Majeure” (defined below), or for any other reason, then in lieu of receiving the prize element associated with the applicable poker tournament, prize winner will receive a substitute prize of comparable value, which shall constitute full satisfaction of Sponsor’s prize obligation to the prize winner, and no other or additional compensation will be awarded. For clarification and the removal of doubt, the Grand Prize winner is responsible for organizing the following: (i) transportation for the prize winner to the WPT Main Event; (ii) accommodations in connection with the WPT Main Event; and (iii) ground transportation and any other incidental expenses incurred in connection with attending the WPT Main Event (the “Travel Costs”). The Grand Prize winner shall be responsible for any Travel Costs that exceed the Travel Stipend. The Grand Prize winner must possess all required travel documents, including visas and valid passports, if and as applicable in order to participate in the Grand Prize. In the event the event a prize winner is unable to travel to the WPT Main Event, the prize will be forfeited in its entirety.
6. GENERAL PRIZE CONDITIONS: Except as set forth herein, no cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. The actual prize may vary. In the event there is a discrepancy or inconsistency between guidelines, disclosures or other statements contained in any such promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any tax or taxes due. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release and where imposing such condition is legal, a Publicity Release (collectively, the “Prize Claim Documents”). If a potential winner (or a minor potential winner’s parent or legal guardian) fails or refuses to sign and return all the Prize Claim Documents within ten (10) days after being notified that he or she has been selected as the potential winner (or a shorter time if required by exigencies), the potential winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
7. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest (and any minor entrant’s parent or legal guardian) represents and warrants as follows: (i) the Submission is the original work of the entrant; (ii) the Submission does not contain any computer virus (as applicable) and is otherwise uncorrupted,(iii) the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (v) the Submission does not and will not violate any applicable laws. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, covenants, obligations or agreements of entrant hereunder.
8. GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest (and his or her parent or legal guardian, if the entrant is a minor) hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission (as his or her performance and appearance therein) throughout the universe, in perpetuity, in connection with the advertising, marketing, publicity, promotion and exploitation of the Contest and the Video, without further notice to, consent by, or payment to entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
9. PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media in connection with the Contest, the Video and the advertising and promotion thereof and each entrant and/or prize winner hereby release the Promotion Entities from any liability with respect thereto.
10. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision in these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission or to otherwise exploit any Submission, or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
13. DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
14. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules, then each entrant agrees to sign, authenticate and deliver the same upon Sponsor’s request therefor.
15. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
16. ARBITRATION PROVISION: By participating in this Contest, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at https://www.jamsadr.com.
17. WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to The “Why I Love Poker” Contest Winners List, c/o WPT Enterprises, Inc., 1920 Main Street, Suite 1150, Irvine, CA 92614. All such requests must be received within six (6) weeks following the end of the Promotion Period.
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